>> lou: hello, everybody. thank you for being with us. congress back to work this week after a two-week long recess. three issues and agenda items stealing all the attention today. immigration reform, fun control and the president's budget. president obama delivering the budget ro pose sal two months late. neither democrats nor republicans seem to like it. republicans won't have any of mr. obama's tax hike and higher spending andteams upset the president wants smaller indecrease in payment to retiree. the $3.7 trillion proposal amounts to the largest budget in american history.

it doesn't come close to balancing, deficits in perpetuity. the president looking for easy win on gun control and looking for congress to produce the first major fun control legislation in two decades. but it's unclear what the president can get through congress. they agree there is no chance of passage for limit on magazines and the rest is window dressing on an issue that the country takes more seriously than the president originally estimated. he will take all of that up with ted cruz who emerged on the first year in washington as one of the party's national leaders. wayne lapierre will join us as well. other stories, kim jong un taking his bellicose rhetoric to new heights issuing daily

threats against the united states and south korea. fox news military analyst, four-star general jack keane weighs in. >> senate committee pat leahy announcing today he will hold a single hearing, one hearing, on the gang of eight immigration reform legislation. and that will be next wednesday. that despite the fact that we don't know what is in that legislation. or exactly when it will be released. earlier today, tens of thousands of immigration activists were in washington rallying -- rallying outside coe them to act on reform. two senators reach@ agreement on background checks e senate prepares to debate gun c. senators manchin ay announcing their agreement to ed checks to cover all commercial e gun shows and online.

private one-on-onee exempt. my next guest threr filibuster. >> i am amazed thar the assignment. great to have you . >> thank you for h. >> in no particulaf developments on the day. your thoughts? >> this connues a pattern that was reflected in the dget that the democrats passed two weeks ago. pat enof advocating more tax increases on top of the $1.7 trillion in tax increases we have see. not maing decisions we have to make to get out of control

spending, under control and the turn-around the unsustainable deficit and debt. it ones massive budget deficits in the future. >> lou: we have watched continuing resolution after continuing resolution take over what has been the traditional roll of the budget. are we to see another round of continuing resolutions as a result of the blueprint, the president decided to advance 65 days after it was due? >> i think we may well. the president made a decision not to submit a budget while e senate is considering a budget despite he is legally required to do so. part of the reason that we have seen government by continuing resolution is that congress has not been doing its job. passing appropriation bills and making the hard decisions,

that all of us are elected to decide. i don't think it's a particularly conservative philosophy. they want to live within your means and not want to bankrupt the count. up fortunately, for the last four years, the democrat controlled senate has been unwilling to make any real steps to live within our mea means. >> lou: it is extraordinary when you put it in that way that it results in ecation, you must follow the law and value of government napse and provide the overside as well as appropriation and follow the constitution. that is radical stuff, isn't it? >> it used to be bipartisan and wide agreement on that. but we live if an different era, where four years the democrats refuse to pass a budget at all. when they did the budget would rai taxes an additional $1.5 trillion on top of $1.7 trillion in tax increases

that have already happens. it doesn't meaningfully cut spending in any real well. i never balances. it does nothing to save and reform entitlement, social security and medicare to preserve the programs for seniors and make sure they are strong and vibrant going forward to zo next generations can rely on that. >> lou: the senate, much of its time taken up with the house. on gun control. senators toomey and manchin, coming up with a deal. >> i don't remember the last time that it became a big deal for two senators to reach a deal. but that is sort of the way it has, that the environment now down there. is that deal of theirs between the two of them something that is going move forward as legislation? that will be taken seriously by both parties? >> i think it will be taken seriously. i don't know if it wll pass

or not. we should be focusing on prosecuting and punishing and preventing violent criminals. and we should be safeguarding the constitutional rights of law-abiding citizens. all of us were horrified by what happened at sandyhook. i have two children at home and to parent could see chirp senselessly murdered and not be anything but speechless and just taken aback at the depravity and the hor are of it. but it's sad so many politicians are trying to take advantage of the tragedy not to take legislation to target violent criminals but working to take away the second amendment right to keep an bear arms of the law abiding peaceful citizens. let me tell you something interestingost people don't know -- >> lou: senator, could i to this. take this opportunity to go to break very quickly, because we

have run up against one of those things. >> sure. >> lou: if you wouldn't mind we'll take a quick break and come back. talking to senator te cruz. you don't wnt to miss moment of what he has to say on th it's as simple as this. at bny mellon, our business is investments. managing them, moving them, making them work. we oversee 20% of the world's financial assets. and that gives us scale and insight no one else has. investme management combined with investment servicing. bringing the power of investments to people's lives. invested in the world. bny mellon. [ male announcer ] a car that can actually see like a human,

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>> lou: we're talking with senator ted cruz. senator, i interrupted you and i apologize for that. if you will, sir. >> sure, what i was saying is unfortunately, the obama administration has not made it a priority to prosecute felons who try to illegally purchase guns. in 2010, over 15,000 felons and funneltives tried to illegally purchase a gun an were turned down. out of those 15,000, the obama justice department prosecuted just 44.

let me repeat the numbers. 15,000 felons and funneltives illegally trying to purchase a gun, the obama justice department only prosecuted 44. i'm introducing legislation to create a task force in the department of justice. we need to prosecute violent felons and fugitives and we need to go after them to protect ourselves against violent crime. we shouldn't be stripping away the second amendment right to keep and bear arms of lawful, peaceful citizens. >> lou: senator reid, the majority lead, called for a cloture vote at 11:00 tomorrow morning. you and a number of your colleagues also said you would filibuster should the need arise. is your sense that the need will arise? are you still committed to a filibuster of gun control legislation? >> what i think is critical along with senator paul, and senator lee and a number of other senators, for any bill that abridges the bill of rights and in particular

underminds our second amendment right to bear arms it should be subject to 60-vote threshold. we should have a higher threshold for protecting the bill of rights. that's what we insist upon. >> lou: immigration reform. this is -- it's becoming very difficult to understand some of what is happening, because the senate is becoming all of these very important senators, whether they're in groups of two or gangs of eight. the american people aren't getting the clearest view of what is delib rated by the senate. many of you are not briefed by the gap of eight. what is the conservative view and what is the cruz view of how it's conducted by both parties in the senate? >> i will confess. my mom told me the stay away from gangs. i have not been involved in

the gang of eight deliberatio deliberation. i want the wait the see what they produce. we have not seen a statute. we have seen outline and press releases. there are rumors that the bill is 1 ,500 pages. >> lou: good lord. >> and i certainly hope that is not the case. in my view, there is a lot of bipartisan agreement on immigration. if we focused where there was agreement, number one we would get serious about securing the borders. about providing manpower and technology to finally stop the problem of illegal immigratio immigration. number two, we'd devote resources to streamlining legal immigration to welcome and celebrate those who follow the law around some here seeking the american dream. that's where we should focus. i'' concerned that the president's focus on insisting on a path to citizenship for those here illegally is designed to scud the entire bill. he wants a political issue, rather than pass common sense

immigration reform. >> lou: senator, we are going to have to leave it there. i wish we had more time. come back soon. we would like to hear more of your thoughts on the issues. thank you for being with us tonight. >> thank you for having me. >> lou: senator ted cruz. the obama administration has a knack, don't they? another failed green car company costing taxpayers millions of dollars more. how do they do it? that's tonight's chalk talk. to fly home for the big family reunion. you must be garth's father? hello. mother. mother! traveling is easy with the venture card because you can fly airline anytime. two words. double miles! this guy can act. wanna play dodge rock? oh, you guys! and with double miles you can actuay use, you never miss the fun. beard growing conte and go! ♪ win! what's in your wallet?

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>> lou: the obama administration's done it again! choosing another green energy spender losing millions of taxpayers money in the process. fisker automotesive firing 75% of the workforce after failing to secure a financing deal. the chinese didn't want to buy the company after all.

that is 160 jobs gone from a company backed by what was once a $529 million loan guarantee. feel good about it. face ker was able to tap -- fisker was able to tap $153 million of it. the battery supplier went the wrong way as well. this is owned by a chinese company to change the name by the way. i love this. a-123 is now b-456. you thought the chinese didn't have a sense of humor, right? benefited from $250 million grant. the chinese should send us, i think, a thank you card. don't you?

wouldn't that be nice? solyndra got $528 million. wow! you know what? they went belly up. battery maker interone received $118 million. $118 million. you know what happened? right, they went belly up. energy storage company beacom power veeveed $43 million. that feels like chump change, doesn't it? $46 million taxpayer dollars. yep, you got it. they went belly up. solar panel company, i love the name, abound solar. they got $400 million. we are going to kick it back up here on this one. $400 million. i guess i don't need to point it out by i will. it's fun to say. i sounds better than bankrupt. they went belly up.

we laid out the losers that the obama administration energy department picked. we have been looking for winners because they talk about how successful they are. we found one. tesla received $465 million. to build electric cars. repaying the money five years ahead of schedule. tesla was founded in 2003. we are optimists here and we're there with the obama administration. tesla says it will turn a profit. not sure they are a winner yet. but this would be blank if we didn't put tesla here.

we need the company. this is winner and loser. president obama has been investing in the companies. it's clear why he went to government work and community organizer, isn't it? this wasn't going to be his career path. this is an effort to create there are 5 million green jobs. this will require a leap of faith. a little. bureau of labor statistics was counting the jobs. $3.1 million green jobs. but they count the bike repair shop clerks and plumbers to install water saving toilets. those were green jobs according to the federal definition. i would love to tell you how many more were created but the bureau of labor statistics

stopped counting them. are you ready for this? because of the sequester. convenient, huh? we'll be right back. up next. mounting evidence of an imminent missile launch from north korea, raising tensions to alarming degree. general jack keane joins us. 7 socks and 6 weeks of sleep but one thing you don't want to lose is any more teeth. if you wear a partial, you are almost twice as likely to lose your supporting teeth. new poligrip and polident for partials 'seal and protect' helps minimize stres, which may damage supporting teeth, by stabilizing your partial. and 'clean and protect' kills odor-causing bacteria. care for your partial. help protect your natural teeth.

how old is the oldest person you've known? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer,

one thing that hasn't changed: the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪ >> lou: north korea telling all foreigners to evacuate south korea. claiming the two countries are on the verge of nuclear war. officials at the u.s. embassy in seoul say staffers aren't going anywhere. earlier the top navy commanderer in the pacific said the united states could shoot down a missile if north korea does launch one in the next few days. but only if it poses a threat u.s. interest. >> if the missile was in defense of the homeland i would recommend that action. if it was in defense of the allies i would recommend that action. >> my question is would you

recommend we intercept a missile if it is launched by north korea no matter where the intended target is? >> i would not recommend that. >> lou: joining us now, general jack keane, retired four-star, former vice chief of staff of the army and fox news military analyst. good to have you with us. >> good to be here. >> lou: admiral lockyer there went on to say more. if i may for the audience's benefit, let's hear the rest of what -- well, i'm told we don't have the rest. we'll be satisfied with what we have. he goes on to say he would not launch that missile or intercept that missile. if it weren't clear it was launched against one of our allies. or clear it was launched against our interest, as he put it. do you agree with the admiral? >> i agree we should only shoot the missile and defend

ourselves and shoot the missile down if it was targeted on something. if there was any doubt i'd shoot it. we have to be careful here. at the same time, demonstrate resolve to our allies in the region. everybody is concerned about mass calculation. anything to escalate the activities and force kim jong un to take another provocative step. this is probably we don't want to do. >> the rhetoric of nearly everyone i've spoken with, says this is unprecedented. the level of rhetoric given the context of the relationship exogent with north korea and united states. do you perceive what kim jong un is pursuing or what his strategy is? >> we really don't know. this is a closed regime. he is surrounded by more seep your people than that but there is a strategy.

the only thing we can do is look at the patter from the past to let it inform us. they have used the strident rhetoric like now, this is worse, the provocative acts to gain attention and get concessions from south korea and the united states. that has been by and large successful throughout the decades. that is one thing that has taken place. another thing that he is frustrated as a new leader to prove his strength and the capabilities to his open people by the u.s. -led, u.n. imposed sanctions that china and russia both support. that got to him and it helped trigger this. >> lou: we have the second infantry tuition between seoul and the dmz. we have 30,000 troops there. is the presence of those troops is it constraining against kim jong un? or is it a problem for u.s. military leaders?

>> we have been there since we signed the armistice. we are there to help te fend aggression from the north. that is the mission is. we are shoulder to shoulder with the south koreas who have a capable military force. the north koreans number a million and they have tens of thousands of artillery pieces in 25 miles of seoul. it would be devastating for a city of 10 million people if they fired on them. so we are there without a doubt so he understands if he took that step he would lose his regime. the united states would ensure that. that is what we are there for. >> lou: what is a doctrine, if there is one to be easily synopsized that says to kim jong un or any other north korean leader that if you do fire that artillery, as you say, would be to devastating effect on south korea; particularly, seoul and its

inventories, -- inviron that is the result. do we have a doctrine that says there would be assured destruction? for north korea if they were to carry out such an attack? >> our plans here are solid. they get updated continuously, because we have capability improvement. make no mistake about it, we would be all in with our air power and land forces. we could counter by invading north korea. go to the jugular as quickly as we can. where the seat of power is to take the regime down once and for all. we would counter the invasion. then simultaneously, we would gang up on him in terms of the command and control system. the logistical infrastructure to take the regime down. >> lou: are you still confident that a conflict can be avoided? >> guest: i am. we don't know for sure but he

will probably fire a missile. i suspect the exercises are about to end at the end of this month. that should bring the chanter to a close and wait for the next chapter, because there will be another chapter. >> lou: general jack keane great to talk to you. >> good seeing you. >> lou: up next, states like colorado, new york, connecticut, further the assault on the second amendment. the head of the nra wayne lapierre tells us whether the constitution will prevail. next. next. [ male announcer ] you are a business pro. omnipotent of opportunity. you know how to mix business... with business. and you...rent from national. because only national lets you choose any car in the aisle. and go. you can even take a full-size or above. and still pay the mid-size price. could get used to this. [ male announcer ] yes, you could business pro. yes, you could. go national. goike a pro.

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search, compare, and apply at creat od,ds.com. whatever business you're i that's the business we're in. with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to make your business our business. od. helping the world keep promises. >> l >> lou: the prime sponsor of the federal ban on high-capacity magazines revealed a shocking lack of understanding about the issue and guns themselves. congresswoman dejudd at a denver forum answering question on how limiting the number of rounds and magazines would help redouse violence. this is her incredible answer. >> they're bullets. so the people who have those

now, they are going to shoot them. so if you ban them in the future, the number of the high capacity magazines is going to decrease dramatically over time. because the bullets have been shot and there won't be more available. >> lou: if you understand one whiff of that you are amazing. of course, magazines can be reloaded and reused hundred of times, sometimes thousands of times. a spokeswoman said for the congresswoman she misspoke and was referring to clips. but if spokes wern was also misspeaking because clips have nothing to do with it. they're distinct from magazin magazines. the legislation limits the magazines that it can hold. joining me now is a man that knows about the magazine and clips and representatives from

the house of representatives, as the illustrious congres congresswoman. wayne laiperre from the national rifle association. thank you for being with us. first, i have to ask, what did you think of the unintelligible crazy answer? >> another example of the people in the debate, politicians like the congresswoman, president obama, michael bloomberg, they simply don't know what they are talking about. that congresswoman didn't know the difference between magazine and ammunitions. magazines hold ammunition. when you reason out of ammunition, you can reload the magazine. she had no idea. the president was out there today blurring the distinction between the fully automatic and semi-automatics. unbelievable. >> lou: the president saying that the shooter in newtown used a fully automatic -- he went to the trouble, not

saying just automatic weapon but a fully automatic weapon. it was nothing of the kind. connecticut, passing what is now the strongest antigun legislation in the country. first, your retook that. secondly, do you think it will hold up? >> what they don't understand or could care less about or seem to not understand the point, gun control doesn't work because it requires the criminal's cooperation. all they are doing in connecticut is lining up the good guys, making the lawbooks thicker. putting a massive regulation and resources on the honest people when the drug gangs and the evenbe people and the criminals could care less ats on passed that law. >> lou: this law also calling for effectively registration in various forms there is no acknowledgment

that canada tried to register guns, long guns in can the for almost 15 years. spent short of $3 billion in that period of time and ended it. ended the registry because it didn't work. way too expensive and we have ten times the people as the canadians. what are the people thinking about? >> they're not. that is a mindless attempt to attack the second amendment. not have an honest conversation about what works. who this applies to is you and me. we end up, the law abiding people having to deal with all of it. i have seen the pattern before. they don't enforce the existing fun law. everything the criminals are doing is illegal. they pass another gun law and tell people they have done something and in fact they have done nothing. what they won't do is what

works and put the armed securities, the security in schools. fix mental health system and enforce the gun law on the book against the drug dealers, gangs and criminals and make america safe. >> lou: when wayne lapierre says start to enforce the laws, the three worst jurisdictions in the country failing to prosecute felons and criminalss for attempted and many cases the purchase of the guns illegally, over 15,000 of them, they prosecuted 44 of those cases in this country. under this administration, this attorney again and have been successful in 13 prosecutions. chicago, los angeles and new york are the three worst. chicago is the worst of all in failure to prosecute these crimes.

>> the american public should hold up a nine 90. 90 federal jurisdictions in the country enforcing the federal gun law, chicago, despite the horrible crime going on there. every night is 90 out of 90. dead last. you can't have the opportunity to enforce the gun law and not bear some responsibility for what is going on in city when you don't enforce the law against the drug dealer, gangs and felons. the case the president is talking about, about the girl that was killed. what he doesn't mention and the media doesn't report is that gang member was picked up on a gun charge, put out on probation, arrested if break-in and trespassing and left on the street. there was no federal prosecution at all. that goes on day after day.

they won't call the president out on it. this is the only way the make people safe. then they come one a lame excuse saying they are prosecuting at local level in chicago. everybody knows that is a joke, they're not. >> lou: we know whatever they are doing it's not working. give credit for the last month. we did get a report that there was a decline of 42% in violence in violent crime in chicago. so they can't explain it. i don't care what the answer is. congrrtulations to chicago for that improvement and may it continue throughout -- well, for duration. wayne, thank you for being with us. i want to talk with you more about the shield proposal to make certain the students are safe. but yours is the proposal on the table now before congress, before god and the world. to protect our children. this is something the nra should be proud of, the fact

that you and the leaders and the leaders of the nra are the only peep talkbe specific with the program and how to better protect our children and public schools. thank you for being here..@ >> thank you. >> lou: big hits, big money. the n.f.l. facing a former players in court. ddobbs' law takes up the n.f.l. brain injuries. making them work. we oversee 20% of the world's financial assets. and that gives us scale and insight no one else has. investment management combined with investment servicing. bringing the power of investments to people's lives. invested in the world. y mellon. >>

>> lou: another shocking turn in the jodi arias murder trial. testimony centering on a so-clled manifesto written by her in prison. prosecutors maintain she wrote it and wanted the copies printed in case she became famous." prosecutorsalso referring to her igning or autographing copies of the manifesto.

the prosecution is using this to challenge testimony from a domestic violence effort, main taping that arias suffers from low self-esteem. hearings underway today in a philadelphia federal court, discussing and assessing concussion risks for n.f.l. players. at issue, 200 lawsuits that represent more than 4,000 former players who accuse the n.f.l. of the "deliberately and fraudulently concealing the dangerles of head drama." this could cost the league billions of dollars in danie daniels. play rers are seeking treatment for neurological injuries sustained. the n.f.l. is trying to have them dismissed to say they prohibit the former players pursuing the claims in court. join me now, lis w bihl, attorney and former prosecutor faith jenkin.

let's start with what is going on with the n.f.l. which is receiving so little attention. >> this could change the game forever. today, judge brody heard arguments and she is trying to decide what is going to happen here? is this going to arbitration or do i have jurisdiction to hear this in federal court? the reason for collective bargaining agreement is for the claims like this so courts can stay out of the affairs of the n.f.l. which is what they prefer to do. >> this would change collective bar gapping agre agreement. even though ttere is a collective bargaining i greement, i take it to trial. >> there is the implication, if not the assertion by the players in these lawsuits, that the n.f.l. was actually fraud leapt in the represen

representation. that is what they ignored in the way of danger, risk to the players. does that in and of itself take it out of the collective bargaining and move it to trial? >> it might if you get in a criminal realm when you talk about fraud. rico statute thing even. >> racketeering. >> it could be. that is a stretch. creative and imagining here. >> they concealed it. they are going the extra mile. saying not only did they know about it but the committee that the n.f.l. formed concealed the science behind head injury. >> father's pistol license was pulled after the son, 10 years old was suspended at school for making water fun threat.

>> for talking about it. they don't even know if it's there. they suspend the father with the pistol license that had nothing to do with the kid. adjudicating these separate. a zero policy. >> what does that mean? you suspend your judgment? >> in some cases that is what is happening. it means that anytime there is a reference to a gun, weapon, violence in school, it's zero tolerance. >> this is a 10-year-old -- >> going bang-bang with a finger. >> to bite on a pop tart to make it look likebe autobahn. or a girl is suspended because she has a hello kitty bubble gun. >> lou: this is a point damage schools. essential kateors are the closeest to role models for kids. we have teachers that are acting like buffoons.

>> i don't have an issue suspending the student for a day or two. >> lou: really? >> the school has not released official statement about the facts of what happened. something was said that was inappropriate. >> lou: what could be said by a 10-year-old? >> in reference of going them get a gun? >> water gun. >> not sure. >> that is what we have heard from the family -- >> let's go to another case. i find fascinating. jodi arias. a manifesto? in case she is famous. now they decide that is a problem for the argument she has low self-esteem. >> she is so fragile. a victim. >> she has a manifesto because she wanted her i.q. tested

because she is, you know, as smart as einstein. she said this to the defense. witnesses to the defense witness. you got to love this. self-esdream problems there. >> it must be helpful to have that i.q. as you write a manifesto in prison. >> exactly. >> this is something you never want to come out. >> 2 million on this case. >> 2 million. >> the prosecution put the cases together in two weeks. the defense is dragging this out. >> you get paid by the hour. >> good to have you. >> lou: political dynamo. just a few of the words used to describe the founder and the leader of fox news. now a new biography. roger ales off camera. the author will join us next. alec, for this mission i upgraded your smart phone. ♪ right. but the most important feature of all is... the capital one purchase eraser.

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>>: roger >> lou: roger ales "off camera" a new book about the president of fox news and boss here, a match that president obama called the most powerful man in america once. we agree with presidenn obama on this, uncharacteristically. joining me now, authors of. great to have you here. >> good to be here. >> lou: congratulations an the book. i want to start calling ronaler ailes the most powerful man in america. how close to true is it? >> this came up when roger went to the white house. the christmas party. he was in reception line. the they before, somebody else called him that in print. he got to the president and he said oh, the most powerful man in america. ronaler leaned in to him and said mr. president, don't believe that. i stirred that b.s. up myself. >> lou: he might well have done. >> probably did. >> but characteristic of roger to deflect.

and be self-deprecating. i have had the privilege of working for a long time in this business. there is no more feared executive if television news, i'd say television, period. in the news media than roger ailes. fear and respected. give us a sense of the character that he reveals as you take on his biography. >> i spent close to a year with him. in meetings, travelling, and social situations. you know, i was just very, very surprised by how down to earth he is. a guy from a small town in ohio. very sophisticated. center of the american politics and nixon administration and center of the media but he retains a blunt attitude of the small

town america. which i relate to because i grew up in a town like his. in pontiac mission. >> lou: this is the sophisticate then? i can ask that coming from rupert, idaho. >> we both considered that the sticks. >> lou: well, that is one thing. they referred to idaho as the cultural waistland. i did get over it. >> but you went to an ivy league school. >> lou: don't remind anybody. you have been around highly successful, amazing personalities. rate roger's intellect and his wit. i have never seen that before. smartest man operating in the business. i say that because he is my boss. but he is extraordinary.

>> he has doon extraordinary things. before that cnbc and then advisor to three presidents. >> what became msnbc. >> before that, he was a legendary boy producer. so it's pretty, hard to argue with the success. however else you want to look at ronaler. he is man who succeeded at everything he tried. >> lou: and the idea that he has this wit. referring to the fellow who runs msnbc. i saw one line and an "this week. his wit is razor sharp and it can encapsulate the bigger thoughts and stories succinctly. referring to that person as being successful because he was in another man's wedding party. that is about as convincing and damning as you can be. >> you get one-liners from roger